ASHA BAJAJ Vs. DEPUTY LAL

JUDGEMENT

(1.) Petitioners are defendants in Suit No. 330/93 filed by predecessor-in-interest of respondents seeking cancellation of sale deed in respect of plot No. 403 at Dr. Mukerjee Nagar, Delhi. They had taken a preliminary objection in their written statement that plaintiff had not paid requisite Court fee for the relief of possession. This was opposed by plaintiff in his replication saying that the suit was a mandatory suit. Trial Court framed issues in the suit including issue No. 5 which read as:

(2.) Petitioners filed an application on 26.5.1997 for amendment of this issue. Trial Court rejected their prayer by order dated 14.1.1998 which is assailed in this revision petition. Their case is that once plaintiff had taken the stand that his suit was for mandatory injunction, issue No. 5 could not stand in its present form.

(3.) A perusal of Trial Court order shows that it had gone by the prayer made by plaintiff in the suit which was for declaration and possession. The Court had also found that plaintiff could be asked to make up any deficiency in Court-fee after the issue on this was decided.